Usancen Blog
OGH upholds case law on property transfer in the new inheritance law
Civil LawIn a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, OGH) maintains that the granting of a right of usufruct no longer prevents a transfer of assets under the Inheritance Law Amendment Act 2015 (Erbrechtsänderungsgesetz, ErbRÄG 201...
OGH: On legal capacity after BREXIT
Corporate LawIn the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of the legal capacity or universal succession of a British company after the application of the freedom of establishment had ceased. The plaintiff is ...
VwGH: Particularly dangerous conditions due to U-turns
Public LawIn the present case, the Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) addressed particularly dangerous conditions with regard to road traffic under the Driving Licence Act (Führerscheingesetz, FSG). Due to his manoeuvre, the co-involv...
OGH: Cancellation of continued commission payment immoral
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) decided that the contractual cancellation of the continuation of commission payments for commercial agents who are not “employee-like” can be immoral. The plaintiff was a self-employed commercial...
OGH: No exemption from liability under the CMR
Corporate LawIf the hauler is responsible for gross negligence within the meaning of Article 29 of the Convention on the Contract for the International Carriage of Goods by Road (CMR), the person entitled to compensation may demand compensation for all damages th...
OGH on community property inter vivos
Civil LawIn the case of community property among living persons (inter vivos), one spouse has a legal claim to the registration of his or her co-ownership of the property of the other spouse covered by the community property. The termination of the community ...
OGH: Transfer of duties pursuant to § 9 para 1 BauKG requires written form
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) decided that the transfer of the building owner's duties to a project manager pursuant to Section 9 para 1 of the Building Coordination Act (Baukoordinationsgesetz, BauKG) must be in writing in a...
DE: Government liability denied in diesel scandal
European LawThe Federal Republic of Germany is not liable in the context of the "diesel scandal" for any defective application and implementation of EU law. In the present case, the plaintiff claims official liability against the defendant Federal Republic of Ge...
OGH: Termination by settlement despite pre-trial costs
Civil LawThe termination effect of a settlement occurs even if the pre-trial costs are not included in the settlement effect. In the proceedings in question, a contract for work and services existed between the defendant's universal predecessor and the plaint...
OGH: Duty to inform in the case of operations without a preference
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH), following a similar decision, confirmed the scope of the duty to inform when there is a choice between two similarly dangerous surgical procedures. The plaintiff contacted an elective doctor due...
OGH: Construction risk clause in legal protection insurance
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed the interpretation of a construction risk clause in a legal protection insurance policy and with the question of whether a legal dispute against a court-appointed expert due to a faulty...
OGH: Injunctive relief based on syndicate agreements
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) examined an application for an injunction by a minority shareholder against a shareholder exclusion under the Act on the Exclusion of Shareholders (Gesellschafter-Ausschlussg...
DE: BGH on the basis for personal legal liability
Civil LawThe acting representative of an entrepreneurial company is personally liable if the company appears in external relationships without any indication of the legal form and reference to the limitation of liability, according to the German Federal Supre...
OGH on the termination of existing contracts for good cause
Civil LawA premature termination for good cause is applicable if it is due to a substantial change of circumstances which cannot be attributed to either of the contracting parties. According to the case law on Section 1117 of the Austrian General Civil Code (...
OGH: No frustrated costs in case of storage of unrelated objects
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified that there are no frustrated costs if a warehouse can generally be used, but the objects intended for it are not stored in it. The plaintiff sold the defendant an allotment house (“...
An app is not a measuring instrument subject to calibration
Public LawNeither a smartphone app nor a smartphone with GPS function is a measuring instrument subject to calibration according to Section 8 para 1 no 1 of the Measurement and Calibration Act (Maß- und Eichgesetz, MEG). In the case at hand, a car rental compa...
AschG amendment to allow occupational medical assistance
Labour LawThe Federal Ministry of Labour (Bundesministerium für Arbeit, BMA) has submitted a draft amendment to the Occupational Safety and Health Act (ArbeitnehmerInnenschutzgesetz, ASchG) for assessment. This is intended to counter the Austria-wide shortage ...
OGH: On the compensation of frustrated expenses
Civil LawIn the case of (mere) damage to property, compensation for frustrated expenses can only be considered if the legal position (legal justification) is an asset, transferable and realisable for the intended purpose. As a second prerequisite, the expense...
DE: Principle of the right to be heard in the case of online information
Civil LawAccording to the German Federal Supreme Court (Bundesgerichtshof, BGH), in order for a court to be able to use information obtained from the internet as a basis for a judgement, the results of the research must first be shared with the parties and th...
DE: Wirecard investors sue BaFin
Civil LawThe Frankfurt am Main Regional Court had to decide on four claims for damages brought by Wirecard investors against the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, BaFin). In the middle of 2020, the balan...
DE: Preliminary ruling: Legal impact of satisfaction guarantees
European LawThe German Federal Court of Justice (Bundesgerichtshof, BGH) has asked the Court of Justice of the European Union (ECJ) to clarify, in the context of a preliminary ruling procedure, the question whether a guarantee exists when a trader grants a right...
OGH: On restitution in enforcement proceedings
Civil LawIf the obligated person has made a payment and the enforcement order is subsequently declared invalid, annulled or otherwise declared ineffective pursuant to Section 39 para. 1 no. 1 of the Enforcement Code (Exekutionsordnung, EO), a claim for restit...
OGH: Determinability of a foreign currency debt only valued in euros
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed the repayment of a foreign currency loan which, according to the plaintiff, was not based on an exchange rate and thus had a final maturity in euros. The plaintiff ...
OGH: Compensation in the case of an overbooked flight
European LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that a compensation payment pursuant to Art 7 of the Air Passenger Rights Regulation is to be applied as a benefit against further material and immaterial damages resulting from a denie...
OGH: "Inheritability" of claims for damages
Civil LawThe Austrian Supreme Court (Oberster gerichtshof, OGH) decided in the present case that the legal status of an heir only entitles him to assert those disadvantages to which the testator was also entitled in connection with a tortfeasor. In the case a...
Efficient Legal Information 
Legal Jobs 
Innovative LegalTech Solutions